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Microsoft: We took MikeRoweSoft too seriously

• Tags:
• Microsoft Lawyers,
• Vancouver,
• Trade Mark,
• Microsoft Legal

Munir Kotadia

Published: 20 Jan 2004 14:20 GMT

Microsoft has admitted it may have made a mistake in threatening Mike Rowe for using his Web site, mikerowesoft.com

Rowe, a student from Vancouver, registered mikerowesoft.com to front his part-time Web site design business in August 2003. Three months later, he received an email from Microsoft's lawyers asking him to transfer the domain name to Microsoft. They offered to pay him a "settlement" of $10 (£5.55), which is the cost of his original registration fee.

However, after the case received widespread coverage on the Internet, Microsoft has admitted it may have taken things too far and has promised to treat Rowe fairly. A Microsoft spokesperson told ZDNet UK: "We appreciate that Mike Rowe is a young entrepreneur who came up with a creative domain name. We take our trademark seriously, but maybe a little too seriously in this case."

Under the law, Microsoft is required to take action to protect its trademark against widespread infringement. Struan Robertson, editor of legal IT Web site Out-Law.com, explained that if a trademark holder does not take action to protect its trademark whenever it is aware of a potential infringement, it risks losing that protection.

Robertson gives Hoover as an example of a trademark that has become a generic word: "If you or I talk about hoovering our house, that is not an issue, but if Electrolux talks about hoovering, that is an issue," he said.

According to Robertson, Rowe may have a good argument for keeping the domain name because it is his real name and he isn't pretending to be affiliated with Microsoft. But he said that Microsoft probably regrets getting involved with the case because of all the bad publicity it has generated.

"It is probably a very trivial issue for Microsoft and I wouldn't be surprised if they regret getting involved with it. Microsoft may be prepared to pay him some money to make this go away because this is not the kind of publicity that Microsoft wants to attract," added Robertson.

Microsoft hopes to resolve the problem in a way that both parties are happy: "We are currently in the process of resolving this matter in a way that will be fair to him and satisfy our obligations under trademark law," the spokesperson said.

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Full Talkback thread

41 comments

1. Mike Rowe should be the one p****d off here, for b... Jerry Adamek
2. This guy is 100% wrong, he knew exactly what he wa... John Michealson
3. MS is certainly obliged to vigorously defend its t... Anonymous
4. Let the guy keep his domain and get a sense of hum... Anonymous
5. I have nothing personal against Mike Rowe or Micro... Anonymous
6. Mike just sits back silently and laughs. This kind... Egon Cathether
7. In response to the coward hiding being a no name,... Matthew Parry
8. I believe that Microsoft is being punished because... Gessica Martin
9. MikeRoweSoft is not a trademark....MICROSOFT is.... Shawn Hanff
10. I find the idea this person registered the domain... Scott Cochrane
11. I would imagine Microsoft (legal) is now taking th... Terry Mathis
12. Anyone would think that MikeRoweSoft is the only w... Me
13. No offense buddy, you're taking this a little too... Dan
14. If you don't think Microsoft doesn't think careful... Anonymous
15. If this goes forward, I hope he kicks Micro$oft in... Eat Shit n' Die
16. I have to agree with about 95% of the people that... David Greening
17. The problem is Soft I would tell him drop the word... Randall Lind
18. Once again I suggest that your article is dead wro... Anonymous
19. I would like to see Mike Rowe go ahead and take th... Dave Stover
20. John Michealson is the one taking this too serious... George Persico
21. If you'll note in the actual website...Mr. Rowe co... Jennifer Tipton
22. Re: Gessica Martin's comment. How has Microsoft be... Shawn White
23. Please, take these points seriously. 1) Mike is ju... Philip Young
24. hey michealson, take a hike ! windows is a generi... Anonymous
25. Hopefully his software will be more stable & less... Jim Smith
26. This reminds me of the Spike TV farce. bill webber
27. Wow, you'd think MicroScum would have better thing... JCM
28. It was obviously a deliberate play on Microsoft's... Tom Martin
29. Within a 1/2 hr of learning of Mike Rowe's problem... Anonymous
30. Mike Rowe should be Sued. He blatantly tried to at... Anonymous
31. To be honest, Microsoft take EVERYTHING too seriou... Ian Hutchinson
32. I hope Microsoft loses. They have already lost in... Anonymous
33. this is stupid, Mike Roe should get the cash for h... JOe YouNg
34. What does microsoft think we are. Stupid!!! Let me... Gunnar Guðvararson
35. What rubbish. Mike's site is already located at ww... Sam
36. You really are kidding right? --- Lay off Mic... Dale
37. A number of years ago MS sent a ciese an... Dale
38. Oh dear God. If this went to court, imagine the sc... Major Ingram
39. Bleh, Microsoft is entitled to sue, there exist wa... OCR
40. John Michealson quote: "and this guy chose his nam... Martin
41. It makes me seethe, for crying out loud, it's the... Ian Godfrey

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